|View single post by Joe Kelley|
|Posted: Wed May 29th, 2019 11:40 am||
|This is perhaps one of those wild coincidences as I nearly added a quote from Calhoun in the previous reply. I had just started reading the work of Calhoun 3 days ago.
A DISQUISITION ON GOVERNMENT
"But of what possible avail could the strict construction of the minor party be, against the liberal interpretation of the major, when the one would have all the powers of the government to carry its construction into effect—and the other be deprived of all means of enforcing its construction? In a contest so unequal, the result would not be doubtful. The party in favor of the restrictions would be overpowered. At first, they might command some respect, and do something to stay the march of encroachment; but they would, in the progress of the contest, be regarded as mere abstractionists; and, indeed, deservedly, if they should indulge the folly of supposing that the party in possession of the ballot box and the physical force of the country, could be successfully resisted by an appeal to reason, truth, justice, or the obligations imposed by the constitution."
In my effort to communicate I find that I use some of the tactics used by Calhoun, such as adding terms and words to the effort to communicate accurately. Calhoun invents (or borrows) the term Concurrent Majority in his effort to warn against a very serious deception concerning this false idea that the thing called the Majority is a thing unto itself. This thing unto itself - according to the deception - takes over voluntary defensive government and turns voluntary defensive government into Mob Rule a.k.a. dictatorship.
There is another, older, term for this thing that is created by deception so as to fool people into moving into a powerless and defenseless state. That older term was offered up in the warnings of the 6th President of the United States in Congress Assembled Richard Henry Lee.
"The city, and all the places in which the union shall have this exclusive jurisdiction, will be immediately under one entire government, that of the federal head, and be no part of any state, and consequently no part of the United States. The inhabitants of the federal city and places, will be as much exempt from the laws and control of the state governments, as the people of Canada or Nova Scotia will be. Neither the laws of the states respecting taxes, the militia, crimes of property, will extend to them; nor is there a single stipulation in the constitution, that the inhabitants of this city, and these places, shall be governed by laws founded on principles of freedom. All questions, civil and criminal, arising on the laws of these places, which must be the laws of congress, must be decided in the federal courts; and also, all questions that may, by such judicial fictions as these courts may consider reasonable, be supposed to arise within this city, or any of these places, may be brought into these courts. By a very common legal fiction, any personal contract may be supposed to have been made in any place. A contract made in Georgia may be supposed to have been made in the federal city; the courts will admit the fiction. . . ."
My warning then is such that the Legal Fiction in Richard Henry Lee's words is the same fraud as the Numerical Majority in the words of John C. Calhoun's warnings.
We are at war in our minds first with those who deceive, which is often ourselves, and if we are going to win this war for the facts that matter in any case, such as the Finicum Case, then we ought to look for a process by which the actual goal is to discover and employ the truth, not to create and maintain a legal fiction that just so happens to enrich and empower very few evil people at the expense of everyone including their own dark souls.
The common law fought over in the Revolutionary War is not a trademarked gift handed down to the angry mob by the established elite. The common laws of free people in a perishable liberty is a direct result of the fact (a fact that matters in any case) that we the people have been created with the capacity for moral conscience, a force that only works when it is fed facts, not falsehoods.
Take care, and thanks for the reply.